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[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Rules and Regulations]
[Pages 428-430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32996]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0959; Directorate Identifier 2010-NM-119-AD; 
Amendment 39-16564; AD 2011-01-10]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model BD-700-1A10 and 
BD-700-1A11 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    There have been two in-service reports of main landing gear 
(MLG) tire failure on landing, during which a flailing tire tread 
caused damage to No. 2 and No. 3 hydraulic system lines in the wing 
auxiliary spar area on the left side of the aircraft. This damage 
resulted in the loss of supply pressure to the inboard and outboard 
brakes, as the only remaining braking source available was the No. 3 
hydraulic system accumulator. The degradation of the brake system 
performance could adversely affect the aircraft during landing.
* * * * *
The unsafe condition is loss of braking capability, which could reduce 
the ability of the flightcrew to safely land the airplane. We are 
issuing this AD to require actions to correct the unsafe condition on 
these products.

DATES: This AD becomes effective February 9, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 9, 
2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Christopher Alfano, Aerospace 
Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New 
York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone (516) 228-7340; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on October 15, 2010 (75 
FR 63420). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    There have been two in-service reports of main landing gear 
(MLG) tire failure on landing, during which a flailing tire tread 
caused damage to No. 2 and No. 3 hydraulic system lines in the wing 
auxiliary spar area on the left side of the aircraft. This damage 
resulted in the loss of supply pressure to the inboard and outboard 
brakes, as the only remaining braking source available was the No. 3 
hydraulic system accumulator. The degradation of the brake system 
performance could adversely affect the aircraft during landing.

[[Page 429]]

    This directive mandates the relocation of the No. 2 and No. 3 
hydraulic system lines in the wing auxiliary spar area on the left 
side of the aircraft, together with a modification to the left wing 
rib and debris shield, in order to prevent damage to the hydraulic 
lines in the event of a MLG tire failure. The debris shield on the 
right side is also modified for part commonality.

The unsafe condition is loss of braking capability, which could reduce 
the ability of the flightcrew to safely land the airplane. You may 
obtain further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 115 products of U.S. registry. 
We also estimate that it will take 40 work-hours per product to comply 
with the basic requirements of this AD. The average labor rate is $85 
per work-hour. Required parts will cost about $4,855 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have assumed that there will be no charge for these 
parts. As we do not control warranty coverage for affected parties, 
some parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of this AD to the U.S. operators to be 
$949,325, or $8,255 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-01-10 Bombardier, Inc.: Amendment 39-16564. Docket No. FAA-
2010-0959; Directorate Identifier 2010-NM-119-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
9, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model BD-700-1A10 and 
BD-700-1A11 airplanes, serial numbers 9002 through 9401 inclusive, 
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 29: 
Hydraulic power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    There have been two in-service reports of main landing gear 
(MLG) tire failure on landing, during which a flailing tire tread 
caused damage to No. 2 and No. 3 hydraulic system lines in the wing 
auxiliary spar area on the left side of the aircraft. This damage 
resulted in the loss of supply pressure to the inboard and outboard 
brakes, as the only remaining braking source available was the No. 3 
hydraulic system accumulator. The degradation of the brake system 
performance could adversely affect the aircraft during landing.
* * * * *
The unsafe condition is loss of braking capability, which could 
reduce the ability of the flightcrew to safely land the airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 30 months after the effective date of this AD, 
relocate the No. 2 and No. 3 hydraulic system lines in the wing

[[Page 430]]

auxiliary spar area on the left side of the aircraft, and modify the 
left wing rib and left and right debris shields, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 700-
29-021 (for Model BD-700-1A10 airplanes) or 700-1A11-29-004 (for 
Model BD-700-1A11 airplanes), both Revision 01, both dated January 
25, 2010, as applicable.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (h) Actions accomplished before the effective date of this AD in 
accordance with Bombardier Service Bulletin 700-29-021 or 700-1A11-
29-004, both dated April 3, 2009, as applicable, are considered 
acceptable for compliance with the corresponding actions specified 
in this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. Send information to ATTN: Program 
Manager, Continuing Operational Safety, FAA, New York ACO, 1600 
Stewart Avenue, Suite 410, Westbury, New York, 11590; telephone 516-
228-7300; fax 516-794-5531. Before using any approved AMOC on any 
airplane to which the AMOC applies, notify your principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards District Office. The AMOC approval letter must 
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 5 
minutes per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW., Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

Related Information

    (j) Refer to MCAI Canadian Airworthiness Directive CF-2010-10, 
dated March 26, 2010; and Bombardier Service Bulletins 700-29-021 
and 700-1A11-29-004, both Revision 01, both dated January 25, 2010; 
for related information.

Material Incorporated by Reference

    (k) You must use Bombardier Service Bulletin 700-29-021, 
Revision 01, dated January 25, 2010; or Bombardier Service Bulletin 
700-1A11-29-004, Revision 01, dated January 25, 2010; as applicable; 
to do the actions required by this AD, unless the AD specifies 
otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-
7401; e-mail thd.crj@aero.bombardier.com; Internet http://www.bombardier.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 17, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-32996 Filed 1-4-11; 8:45 am]
BILLING CODE 4910-13-P
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